Minister for Immigration and Border Protection v Kaur (No 2) [2015] FCA 748

Minister for Immigration and Border Protection v Kaur (No 2) [2015] FCA 748

Given the complex legal issues, the public importance of the outcome, absence of disentitling conduct, and benefit to both Ms Kaur and the Court in having proper legal representation, it is appropriate to grant a costs certificate to the first respondent under s 6 of the Act, even without evidence of financial...

Source-derived case information.

Parties
Appellant: Minister for Immigration and Border Protection; First Respondent: Mandeep Kaur; Second Respondent: Jagsir Singh Dhaliwal; Third Respondent: Prabhjot Kaur Dhaliwal; Fourth Respondent: Migration Review Tribunal
Jurisdiction
Australia
Judgment Date
24 July 2015
Procedural Posture
Appeal / Post Judgment (costs)
Outcome
First to third respondents to pay appellant's costs of the appeal; first respondent granted a costs certificate under section 6 of the Federal Proceedings (Costs) Act 1981 (Cth).
Legal Topics
Costs, Costs Certificates, Student Visas, Federal Appeals
Administrative Law Immigration Law Civil Procedure Costs Costs Certificates Student Visas Federal Appeals

Source-derived case record

Summary, issues, holding and outcome

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Parties

Minister for Immigration and Border Protection

Appellant

Mandeep Kaur

First Respondent

Jagsir Singh Dhaliwal

Second Respondent

Prabhjot Kaur Dhaliwal

Third Respondent

Migration Review Tribunal

Fourth Respondent

Procedural Posture

Appeal / Post Judgment (costs)

Legal Issues

  1. 1 Whether a costs certificate under s 6 of the Federal Proceedings (Costs) Act 1981 (Cth) should be granted to the respondents

Ratio Decidendi

Given the complex legal issues, the public importance of the outcome, absence of disentitling conduct, and benefit to both Ms Kaur and the Court in having proper legal representation, it is appropriate to grant a costs certificate to the first respondent under s 6 of the Act, even without evidence of financial hardship.

Court Disposition

First to third respondents to pay appellant's costs of the appeal; first respondent granted a costs certificate under section 6 of the Federal Proceedings (Costs) Act 1981 (Cth).

Orders

  • The first to third respondents pay the appellant's costs of the appeal.
  • The first respondent be granted a costs certificate pursuant to s 6 of the Federal Proceedings (Costs) Act 1981 (Cth) in respect of the appeal stating it is appropriate for the Attorney-General to authorise a payment under the Act to the first respondent in respect of the costs incurred by the first respondent in...